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character evidence : ウィキペディア英語版
character evidence

Character evidence is a term used in the law of evidence to describe any testimony or document submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on the character or disposition of that person. In the United States, Federal Rule of Evidence (404 ) maps out its permissible and prohibited uses in trials. Three factors typically determine the admissibility of character evidence:
# the purpose the character evidence is being used for
# the form in which the character evidence is offered
# the type of proceeding (civil or criminal) in which the character evidence is offered
==Purpose==

In the United States, character evidence may be offered at trial to


:1. prove character, if character is a substantive issue in the litigation

::admissibility of character evidence to prove character is ''not'' affected by the case's civil or criminal nature

:2. prove, through circumstantial evidence, an aspect of an individual's conduct

::character evidence's admissibility as circumstantial evidence ''is'' influenced by the case's civil or criminal nature

:3. impeach or strengthen the credibility of a witness

Character may be a substantive issue in defamation suits, in lawsuits alleging negligent hiring or negligent entrustment, in child custody cases, as well as in loss of consortium cases; character evidence is thus admissible to prove the substantive issues that arise in these types of lawsuits.
If used as circumstantial evidence, FRE 404(a)(1) renders inadmissible character evidence offered to prove that an individual acted "in accordance with" a character or trait "on a particular occasion."〔(FRE 404, Cornell University Law School, Legal Information Institute )〕 It lists several exceptions which apply depending on whether the proceeding is civil or criminal, whether the defense or prosecution is offering the character evidence, and what purpose it is being offered for.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「character evidence」の詳細全文を読む



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